Surendra Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14768 of 2023 ====================================================== Surendra Kumar Suman Son of Visan Ram, Resident of Village- Baghla, P.S.- Triveniganj, District- Supaul.

... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna. 2.

The District Magistrate, District- Supaul.

3.

The Additional District Magistrate, District- Supaul. 4.

The Sub-Divisional Officer, Triveniganj, District- Supaul. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Rajeev Kumar Labh, Adv.

For the Respondents :

Mr. Anisul Haque, AC to AAG V ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 13-11-2024 Heard the learned counsel for the parties.

2. It is a case of the petitioner that the license of the petitioner has been suspended vide Memo No. 54, dated 05.10.2009 (Annexure 1) and till date the petitioner has neither been issued any show cause notice nor any final orders are passed against the petitioner cancelling his license.

3. Learned counsel has stated that though the petitioner has made several representation to the authority concerned till date they have not taken any action. Counsel for the petitioner has therefore prayed this Hon'ble Court to direct the concerned authority, i.e., the Sub Divisional Officer, Triveniganj, Supoul (Respondent No. 4) to consider the case of the petitioner and pass necessary orders.

4. Learned counsel appearing on behalf of the

Patna High Court CWJC No.14768 of 2023(4) dt.13-11-2024 2/3 Respondent-State has vehemently opposed the very maintainability of the present Writ Petition and stated that the petitioner after obtaining the bail from the competent criminal Court has neither approached the authorities nor made any representation therefore no orders could be passed by the authority concerned. Learned counsel has stated that the petitioner may be directed to give a suitable representation to the Respondent No. 4 and the same shall be considered in accordance with law.

5. Having regard to the above made submissions without going into the merits or demerits of the case the present Writ Petition is disposed of at the stage of admission with the consent of both the parties. The petitioner is directed to submit his representation along with all necessary documents within a period of four weeks from the date of receipt of a copy of this order to the Respondent No. 4. On receipt of the same, Respondent No. 4 shall consider the same and pass necessary orders within a period of eight weeks thereof. It is needless to mention that before passing any orders, the party shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the parties.

Patna High Court CWJC No.14768 of 2023(4) dt.13-11-2024 3/3

6. With the above direction the Writ Petition stand disposed of.

(A. Abhishek Reddy , J) Shamshad/- U